Constitutional Law in 1919–1920. II: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1919

1921 ◽  
Vol 15 (1) ◽  
pp. 52-70
Author(s):  
Edward S. Corwin
Keyword(s):  
United States ◽  
Migratory Birds ◽  
The United States ◽  
Migratory Bird ◽  
Interesting Case ◽  
Point Of View ◽  
Section 8 ◽  
Game Warden ◽  
Tenth Amendment ◽  
Migratory Bird Treaty Act

From the historical point of view no more interesting case was decided last term than that of Missouri v. Holland, in which a bill in equity brought by the state of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, and the regulations made by the secretary of agriculture in pursuance of this act was finally dismissed, Justices Van Devanter and Pitney dissenting without opinion.The objectors to the statute and the underlying treaty based their argument upon the Tenth Amendment, supplemented by the proposition that the control of migratory birds within their respective limits is a power reserved to the states, and from these premises they proceeded to draw the conclusion that “what an act of Congress could not do unaided, in derogation of the powers reserved to the states, a treaty cannot do.” But, Justice Holmes answers in his opinion for the court, the treaty-making power is expressly delegated to the United States, treaties made under the authority of the United States are the supreme law of the land, and by article 1, section 8, Congress may pass all laws necessary and proper to carry valid treaties into effect.

scholarly journals More than Birds: Developing a New Environmental Jurisprudence Through the Migratory Bird Treaty Act

2019 ◽  
pp. 789
Author(s):  
Patrick Maroun
Keyword(s):  
United States ◽  
Migratory Birds ◽  
The United States ◽  
Migratory Bird ◽  
Public And Private ◽  
Private Interests ◽  
Migratory Bird Treaty Act ◽  
Circuit Courts ◽  
Act One ◽  
Environmental Jurisprudence

This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to “take” or “kill” any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed that hunting protected birds is prohibited, circuit courts split on whether so-called “incidental takings” fall within the scope of the Act. The uncertainty inherent in this disagreement harms public and private interests alike—not to mention migratory birds. Many of the most important environmental statutes are also aging and may soon face similar interpretive issues. This Note argues that, to address inherent problems with aging environmental statutes, courts should adopt a jurisprudential preference for fidelity to each statute’s purpose.

Bipartisanship as Possible Alternative of Russian Political System Evolution

2018 ◽  
Vol 42 ◽  
pp. 256-265
Author(s):  
Konstantin V. Simonov ◽  
Stanislav P. Mitrakhovich
Keyword(s):  
United States ◽  
Detailed Analysis ◽  
Political System ◽  
Party System ◽  
Political Competition ◽  
The United States ◽  
Point Of View ◽  
Complex Structures ◽  
Practical Advice ◽  
Simultaneous Separation

The article examines the possibility of transfer to bipartisan system in Russia. The authors assess the benefits of the two-party system that include first of all the ensuring of actual political competition and authority alternativeness with simultaneous separation of minute non-system forces that may contribute to the country destabilization. The authors analyze the accompanying risks and show that the concept of the two-party system as the catalyst of elite schism is mostly exaggerated. The authors pay separate attention to the experience of bipartisan system implementation in other countries, including the United States. They offer detailed analysis of the generated concept of the bipartisanship crisis and show that this point of view doesn’t quite agree with the current political practice. The authors also examine the foreign experience of the single-party system. They show that the success of the said system is mostly insubstantial, besides many of such systems have altered into more complex structures, while commentators very often use not the actual information but the established myths about this or that country. The authors also offer practical advice regarding the potential technologies of transition to the bipartisan system in Russia.

1—by Captain A. Wepster

1963 ◽  
Vol 16 (4) ◽  
pp. 389-398
Keyword(s):  
United States ◽  
Travel Time ◽  
Long Range ◽  
The United States ◽  
Point Of View ◽  
Ship Routing ◽  
Waves And Currents ◽  
Meteorological Institute

In 1960 Hanssen and James described to the Institute a system developed and used by the United States Hydrographic Office for selecting the optimum track for transoceanic crossings by applying long-range predictions of winds, waves and currents to a knowledge of how the routed vessel reacts to these variables. The paper (Journal, 13, 253) described how, over a period of two years, an average reduction in travel time of 14 hours was achieved over 1000 optimum routes.In the present papers, presented at an Institute meeting held in London on 19 April, Captain Wepster of the Holland-America Line first of all goes into the benefits which effective ship routing offers the ship operator and then describes the results of the experimental routing programme undertaken by his Company in association with the Royal Netherlands Meteorological Institute. Mr. Verploegh of that Institute then discusses the programme from the forecaster's point of view.

Bayesian Forcasting Model – 2020 Presidential Elections in the United States of America

2021 ◽  
Vol 704 (1) ◽  
pp. 91-104
Author(s):  
Maria Raczyńska
Keyword(s):  
United States ◽  
United States Of America ◽  
Presidential Elections ◽  
Bayesian Models ◽  
The United States ◽  
Point Of View ◽  
Forecasting Model ◽  
Bayesian Forecasting ◽  
Technical Point ◽  
Made In

The article describes and explains a prior centric Bayesian forecasting model for the 2020 US elections.The model is based on the The Economist forecasting project, but strongly differs from it. From the technical point of view, it uses R and Stan programming and Stan software. The article’s focus is on theoretical decisions made in the process of constructing the model and outcomes. It describes why Bayesian models are used and how they are used to predict US presidential elections.

Violation of Treaties by Adverse National Action

1918 ◽  
Vol 12 (1) ◽  
pp. 96-126 ◽  
Author(s):  
Denys P. Myers
Keyword(s):  
United States ◽  
International Relations ◽  
The United States ◽  
Point Of View ◽  
Bad Faith ◽  
Practical Point ◽  
Adverse Action ◽  
Vital Interest ◽  
The Government ◽  
Political Character

The shade of distinction sought to be shown by the title of this paper may require explanation. Imperfect wording involves either carelessness or ignorance; bad faith indicates dishonesty; nonexecution or disregard implies laxness in the government, if not carelessness; adverse or hostile municipal or judicial action connotes lack of coordination between the internal and external affairs of the State. It follows that such adverse action may be considered from a practical point of view as almost a normal kind of violence against international contracts. It is not to be excused on that account, but it may be considered as a frictional incident almost inseparable under some conditions from the existence of a State. Given either a government of definitely separated elements, such as the United States, or a government without much stability, or a State founded on a type of civilization different from the European order, and this sort of violation of treaty may be forecasted with certainty. Fortunately, however, the instances that cause contractual friction of this sort are of the grosser kinds of personal violence, or are commercial; they are not of a political character, cannot be said to involve policy, and only by a stretch of the imagination involve the tweedledum and tweedledee of international relations, “national honor and vital interest.” They are consequently extremely susceptible to simple and orderly solution.

scholarly journals Hawks and Owls

2016 ◽  
Author(s):  
Brian E. Washbum
Keyword(s):  
Companion Animals ◽  
Health And Safety ◽  
The United States ◽  
Migratory Bird ◽  
Crop Damage ◽  
Environmental Services ◽  
Site Specific ◽  
Large Numbers ◽  
Migratory Bird Treaty Act ◽  
Economic And Social Impacts

Hawks and owls can negatively impact a variety of human interests, including important natural resources, livestock and game bird production, human health and safety, and companion animals. Conflicts between raptors and people generally are localized and often site-specific. However, the economic and social impacts to the individuals involved can be severe. Despite the problems they may cause, hawks and owls provide important benefits and environmental services. Raptors are popular with birdwatchers and much of the general public. They also hunt and kill large numbers of rodents, reducing crop damage and other problems. Hawks and owls are classified into four main groups, namely accipiters, buteos, falcons, and owls. All hawks and owls in the United States are federally pro-tected under the Migratory Bird Treaty Act (16 USC, 703−711). Hawks and owls typically are protected under state wildlife laws or local ordinances, as well. These laws strictly prohibit the capture, killing, or possession of hawks or owls (or their parts) without a special permit (e.g., Feder-al Depredation Permit), issued by the USFWS. State-issued wildlife damage or depredation permits also may be required.

scholarly journals Tourism Discourse Revisited: An Analysis of Evaluative Strategies in Tourist Brochures from a Systemic Functional Linguistics Perspective

2019 ◽  
Vol 17 ◽  
pp. 211
Author(s):  
Alireza Jalilifar ◽  
Yasamin Moradi
Keyword(s):  
United States ◽  
Qualitative Analysis ◽  
Text Analysis ◽  
Systemic Functional Linguistics ◽  
The United States ◽  
Point Of View ◽  
Functional Linguistics ◽  
Tourist Destinations ◽  
Statistical Variations ◽  
Verbal Content

Today, studying tourism discourse has become widespread among scholars in the field of text analysis. However, few, if any, studies which have addressed the language of tourism have examined the verbal content of travel brochures from the point of view of the appraisal model. The major questions addressed in this study pertain to Graduation strategies as part of appraisal strategies in the discourse of tourism as well as the lexico-grammatical resources for the coding of these strategies in texts. The dataset comprised 50 e-brochures released by tour operators across the United States within the period 2012 to 2013. First, the data were examined quantitatively to identify the statistical variations in utilizing Graduation strategies in tourist brochures. The preferences for lexico-grammatical resources for the construal of these strategies were also illustrated in light of a qualitative analysis. The results of the study revealed that the discourse of travel brochures is loaded with Graduation strategies. The subsystems within the system of Graduation were shown to serve as strong tools in promoting various aspects of tourist destinations such as the number and distribution of tourist sites over an area.

Statistical Inference in Economics in the 1920s and 1930s

2021 ◽  
Vol 53 (6) ◽  
pp. 53-80
Author(s):  
Jeff Biddle
Keyword(s):  
United States ◽  
Probability Theory ◽  
Economic Analysis ◽  
Statistical Inference ◽  
Statistical Data ◽  
The United States ◽  
Interesting Case ◽  
Agricultural Products ◽  
Department Of Agriculture ◽  
The Us

Statistical inference is the process of drawing conclusions from samples of statistical data about things not fully described or recorded in those samples. During the 1920s, economists in the United States articulated a general approach to statistical inference that downplayed the value of the inferential measures derived from probability theory that later came to be central to the idea of statistical inference in economics. This approach is illustrated by the practices of economists of the Bureau of Economic Analysis of the US Department of Agriculture, who regularly analyzed statistical samples to forecast supplies of various agricultural products. Forecasting represents an interesting case for studying the development of inferential methods, as analysts receive regular feedback on the effectiveness of their inferences when forecasts are compared with actual events.

The Making of the Western Defense System: France, the United States, and MC 48

2012 ◽  
Author(s):  
Marc Trachtenberg
Keyword(s):  
United States ◽  
Nuclear Weapons ◽  
The United States ◽  
Point Of View ◽  
Defense System ◽  
New Strategy ◽  
History Of ◽  
Military Strength ◽  
The Military

This chapter focuses on a document formally adopted by the NATO Council in December 1954, called MC 48, a report by the Alliance's Military Committee on “The Most Effective Pattern of NATO Military Strength for the Next Few Years.” In approving this document, the Council authorized the military authorities of the Alliance to “plan and make preparations on the assumption that atomic and thermonuclear weapons will be used in defense from the outset.” One very important consequence of the new strategy from the European point of view had to do with what was called “nuclear sharing”—that is, with the provision of American nuclear weapons to the NATO allies. This policy of nuclear sharing was one of the key elements in the history of this period.

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